Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - PW6 has not proved recovery of amount from any of three accused - PW7 declared hostile and he has not deposed that amounts were recovered from accused - Prosecution failed to prove stolen cash from A-5 & A-7 - A-5 and A-7 acquitted...........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused abused victim, grasped her hair and fell her down and pressed her breast and tore her blouse - Incident happened in a public place - Evidence of victim is corroborated by her husband and father-in-law - Nothing in rebuttal against recovery of torn blouse of victim - More so, after the incident..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 140 kg Ganja - Accused was found driving vehicle at the relevant time and in the said vehicle contraband article in huge quantity of 140 kg was found concealed - Since such quantity makes out a voluminous package, it would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tablets - Contents of sample received and examined by Chemical Examiner are incompatible with the alleged recovery and totally incongruous - Such mismatch completely suffocates the case of prosecution - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tablets - Recovery of contraband and personal search of accused also conducted - Mandatory provision of S.50 of the Act not complied with as search was not conducted in the presence of a Gazetted Officer or a Magistrate - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tables - Sample was dispatched to Chemical Examiner after delay of 5 days which amounts to a violation of Standing Order No.1 of 1988 which mandates sending of sample to chemical Examiner within 72 hours - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tables - ASI/PW3 is the complainant and he also conducted investigation - Entire investigation stands vitiated on this account - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tablets - Non-joining of independent witness - Neither any effort was made to associate an independent witness nor any explanation is forthcoming from I.O for not doing so - Failure of I.O to associate an independent witness at the time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kg Charas - Mandatory provision of S.50 of the Act applies when contraband is recovered and personal search also conducted - Accused must be aware that it is his legal right to be searched before a Gazetted Officer or a Magistrate - Mere enquiry by police officer in this regard will not serve..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 3 kg Charas - Representative sample drawn in presence of Magistrate not sent to Chemical Examiner - It is not merely an empty formality to draw the representative sample in the presence of Magistrate - Such lapse amounts to non compliance of S.52-A of the Act - Accused acquitted...........
